DES MOINES, Iowa (AP) — Governor Kim Reynolds has approved a bill that makes it a state crime for individuals to be in Iowa if they have previously been denied admission to or removed from the United States.
The law, which goes into effect on July 1, has caused significant concern in Iowa's immigrant communities and has raised questions among legal experts and law enforcement about its enforcement. It closely resembles a Texas law that is currently blocked in court.
Republican leaders in Iowa and across the country have criticized President Joe Biden for allegedly failing to uphold federal immigration laws. This criticism has led Republican governors to deploy troops to Texas and state legislatures to propose various state-level strategies.
Reynolds, in a statement after signing the bill, said, “The Biden Administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books.”
Following the bill's passage, Des Moines Police Chief Dana Wingert stated in an email to The Associated Press in March that immigration status does not influence the department's efforts to ensure community safety. He emphasized that the department lacks the resources to assume additional responsibilities that are the federal government's.
Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association and a deputy sheriff in Linn County, also mentioned in a March email that law enforcement officials would need to seek guidance from county attorneys on implementation and enforcement.
Similar to the Texas law, the Iowa legislation could result in criminal charges for individuals with outstanding deportation orders or who have previously been removed from or denied admission to the U.S. Upon arrest, migrants could either agree to a judge’s order to leave the U.S. or face prosecution.
The judge’s order must specify the method of transportation for leaving the U.S. and a law enforcement officer or Iowa agency to oversee migrants’ departures. Failure to leave could lead to rearrest under more serious charges.
However, like the Texas law, the Iowa bill is facing challenges regarding implementation and enforcement, as deportation is a complex, costly, and often hazardous federal process, according to immigration law expert Huyen Pham of Texas A&M School of Law.
In the meantime, Iowa's immigrant community groups are hosting informational meetings and providing materials to address people's questions. They are also requesting official statements and face-to-face meetings with local and county law enforcement agencies.
During a community meeting in Des Moines, attended by 80 people who asked questions in Spanish, inquiries included: “Should I leave Iowa?” “Is it safe to call the police?” “Can Iowa police inquire about my immigration status?” and “What should I do if I experience racial profiling?”